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ADA Title II and Title III Regulations Fact Sheet Series

The U.S. Department of Justice recently revised the ADA Title II and Title III regulations. These regulations amend the DOJ's Title II requirements for State and Local Governments and Title III requirements for Places of Public Accommodation. Many of the regulations took effect March 15, 2011 with some requirements going into effect March 15, 2012. In response to these regulatory changes, the National Network of ADA Centers has created a Fact Sheet Series to give guidance around the specific changes. Each fact sheet focuses on a different topic, providing an overview of what the revised regulations are for that topic. You may access PDF versions of each fact sheet below.

Overview of Revised Regulations
The Department of Justice revised its regulations implementing Title II and Title III of the ADA. Nine fact sheets produced by the ADA National Network are available and are summarized in this first fact sheet of the series. Topics include: Effective Communication, Examinations and Courses, Places of Lodging, Service Animals, Ticketing, Wheelchairs and Other Power-Driven Mobility Devices, Detention and Correctional Facilities, and Overview of the 2010 ADA Standards for Accessible Design.

Effective Communication
Public entities and private businesses must ensure effective communication with individuals with disabilities. This fact sheet discusses several changes that were made in the regulations and discusses various forms of communication required under the ADA. The document explains the importance of the context and complexity of the communication in choosing an appropriate means of communication.

Exams and Courses
Private and public entities covered by the ADA who offer exams and courses must make them available in a location and manner that is accessible to individuals with disabilities. This document discusses the revisions made to the ADA regulations including how requests for documentation regarding the need for an accommodation should be handled.

Lodging
This fact sheet includes information regarding revisions in the ADA regulations that impact how places of lodging manage their reservation process including, but not limited to, the accessibility of the reservation system and how requests for accessible rooms should be managed. It also presents new requirements for places of lodging from the 2010 ADA Standards for Accessible Design.

Service Animals
This fact sheet discusses the revised definition of a service animal as a dog trained to perform work or tasks to benefit a person with a disability and conditions for use of a miniature horse. It presents information about inquiries that can be made to determine if an animal is a service animal, and when and where a service animal is allowed access.

Ticketing
DOJ has clarified the regulations around ticketing for events as they apply to both publicly and privately owned venues. This fact sheet describes eligibility requirements for purchasing tickets for accessible seats, and also general requirements for modifying policies and procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating.

Wheelchairs
Revisions to the ADA regulations include the definition of a wheelchair and establish a new category of devices utilized by people with disabilities known as "other power-driven mobility devices (OPDMD)". This fact sheet discusses these definitions, as well as factors and inquiries for consideration of an OPDMD as a reasonable modification.

Correctional Facilities
Revised ADA regulations specify the obligations of public entities to ensure that inmates or detainees have equal access to services, programs and activities. This fact sheet discusses the requirements to house inmates and detainees in the most integrated setting. It also reviews the 2010 ADA Standards for Accessible Design as they apply to jails, prisons and other detention and correctional facilities.

Overview of 2010 Standards of Design
This fact sheet presents a brief history of the development and adoption of the 2010 ADA Standards for Accessible Design. It describes compliance dates and the safe harbor provision, as well as examples of elements and facilities affected by the new Standards and some of the changes made to the requirements of the 1991 ADA Standards.

Accessible Parking
Information on providing accessible parking is included in the 2010 ADA Standards for Accessible Design. State and local government agencies, commercial facilities and public accommodations must designate accessible parking to ensure that people with disabilities can gain access to and participate in activities and services. This fact sheet summarizes U.S. Department of Justice’s regulations including number and types of spaces required, signage and construction specifications.